Subject: Re: Daniel Penny - not guilty
Yeah, too bad that Penny didn't have time to research those limits and caveats as he made the split second decision that the threat was real and the innocents needed protection.

I don't think he was prosecuted for the "split second" decision that he made. Again, the prosecution stated that his initial use of force was legal. His assessment of the threat was correct, he was justified in using force to protect the innocent, and the state was not arguing that he did anything wrong in deciding to use force in the first place.

Their theory of the case was that Penny was no longer justified in continuing to use that specific type of force after several minutes had passed.